In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
1) QUESTION: Hello, quick question: when applying for a hardship waiver, what is considered a hardship?
ANSWER: This is not really a quick question. There are different possible types of hardship that can be the basis for a hardship waiver but it is not that black and white. Examples are medical hardship, financial hardship, emotional or psychological hardship, etc. I would recommend that you have a consultation with me or another experienced immigration lawyer to make an assessment of your situation.
2) QUESTION: I have been called in for an immigration interview for my employment-based I-485 adjustment of status. Is that normal procedure now or it is unusual for this to occur? My file has been with USCIS for over a year now since all the documents was submitted.
Also, the sponsoring company has reduced my hours drastically due to the economy but they are still sponsoring me. I found employment in the same field with a different company. Please advise me on whether this is going to be an issue.
ANSWER: As a general rule, employment-based applications for Adjustment of Status do not require interviews. However, USCIS has the authority to require an interview where there is some issue or fact that is in question that can be resolved by interviewing the applicant. This is commonly done where the applicant is filing for adjustment of status under the 245(i) “amnesty”. It also sometimes occurs where it has been a long time since the I-140 was approved. The fact that you have been called for an interview does not necessarily mean that there is something wrong with your application.
The fact that your company has reduced your hours could possibly be a problem. While there is no requirement to work for the petitioning company prior to being granted adjustment of status, there is a requirement that the petitioning company continue to have an intent to employ you pursuant to the I-140 petition. The fact that the company is not employing you for the hours and salary specified in the I-140 calls into question whether the company intends to employ you for the listed hours once you are granted adjustment of status and whether the company has the ability to pay the proffered wages.
You should consult with an immigration law attorney right away to find out if this issue can be overcome, or whether you would be eligible to port your petition to the new employer.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.